This page is constantly updated with latest news, info, FAQs on current H1B 2018 season. Below are some topics, FAQs covered on this page.
- Start of H1B Visa 2018 season ?
- H1B Quota for FY 2018 ?
- H1B visa 2018 Lottery Predictions ?
- Plan for H1B FY 2018 Application ?
- Find Visa Sponsors for H1B 2018 ?
- H1B Visa 2018 Fee ?
- H1B 2018 Lottery Results
- H1B 2018 Petitions Tracker – Crowdsourced
- New President Trump Administration Impact on H1B Visa 2018 Quota?
- Latest News updates of H1B FY 2018
H1B 2018, 2019 Season is over, H1B 2020 Season Starts on April 1st, 2019. Check out H1B Visa 2020 – Start Date, Fee, Lottery – FAQs
If this is your first year of H1B visa filing, you must read What is H1B Visa, Requirements, Process . Not to scare you, Last year, there was lottery for H1B season and for FY 2017 USCIS received 236,000 applications .
When does H1B Visa 2018 Season Start ?
Update : USCIS accepted H1B Petitions for FY 2018 starting from April 3rd, 2017 until April 7th. They updated that H1B Cap was reached on April 7th, 2017.
Typically, USCIS accepts H1B petitions for next fiscal year starting from April 1st. So, for FY 2018, the start date for accepting applications would be April 1st, 2017. But, for FY 2018 season, April 1st falls on a Saturday, so USCIS will accept applications starting from Monday, April 3rd, 2017. If you were wondering why called 2018, when in 2017, it is the fiscal year dates that dictate that. USCIS fiscal year is from October 1st to March 30th. So, technically the fiscal year for 2018 starts from October 1st and they accept petitions for the same 6 months before the start date and it would be April 1st, 2017. You may read USCIS Press release for H1B 2017 Start Date
What is H1B 2018 Quota ? Regular Cap vs Master’s Cap Quota ?
Update : USCIS confirmed the below quota cap numbers in latest press release for FY 2018.
To get some background, read H1B Quota – Regular vs Masters . There have been many speculations on increasing the H1B Cap due to extremely high demand and bills proposed for the same in the past, nothing made it through. As of writing of this article, below is the H1B cap quota. We will keep this article updated as new changes come in. The total H1B Quota as of today is 85,000 and it is split like below.
| Regular H1B Quota | 65,000 |
| Master’s H1B Quota ( Only US Masters Degree Eligible) | 20,000 |
Out of the above 85,000 quota, 6,800 are set aside for Singapore and Chile citizens as part of the free trade agreement between them. Also, check out the article with history of maximum H1B Cap from 1990 to 2017
H1B 2018 Lottery Predictions ?
It used to be a speculation whether we would have lottery in previous years, but in the past 4 years, lottery has become common. It is very likely that we would have lottery aka random selection for H1B 2018 season. We have been writing predictions over the years and all of them have been accurate so far. Check out our H1B Visa 2018 Lottery Predictions – Data Analysis to get an idea on how many H1B petitions you can expect for this fiscal year.
Update : USCIS Received 199,000 H1B petitions for fiscal year 2018. H1B Lottery was conducted on April 11th, 2017.
Are you planning for next fiscal year, Read H1B Visa 2019 – Lottery Date, News, FAQs
When to plan for H1B 2018 Application – What should be your strategy ?
It is never too late to start planning…Depending on your situation, you may fall in one of the below categories and the suggestions are described below.
- F1 Student in USA : If you are studying on F1 visa and about to graduate in next one year, you should seriously look at finding an internship or co-op at companies that can sponsor your H1B visa. You can search for H1B Sponsors in a particular area using our H1B Sponsors Search Tool and try to get an internship to work there on CPT or OPT after you graduate. This is a strategic move and will require sometime, so plan well.
- Working Professional from outside USA : If you are a working professional outside US, planning to work in US, especially on H1B visa, your best bet is to find Multinational companies ( MNCs) that have major US presence and secure a job there, so that you can position internally for applying to H1B visa, when the season starts. This is a very strategic decision, you need to carefully assess your options, speak to the company if such options exist and then only choose it. There may be many people already in-line for these visas, you need to plan carefully so that you are given a slot in the company’s filing for your next season application.
- Other H4, L1 Visas : If you are on these visas living in USA, your best bet is to find companies just like I mentioned for F1 students that sponsor H1B visas and start interviewing and keeping the conversation going so that you can ask them to file H1B when the season starts.
For FY 2017, we have put together a Step by Step Plan on How to apply for H1B 2017 Quota, it gives a guideline on the planning and what steps exists.
How to find H1B Visa Sponsor for FY 2018 quota ?
This is probably the most asked question by everyone. It can be a tricky decision, you need be very careful to avoid fraud.
- If you are student in the US, it is very straight forward, you find the list of H1B Sponsoring companies using the tool in an area as I mentioned above and get an internship in one of them so that they can sponsor your H1B visa.
- If you are professional planning to arrive in US from outside America, it can be really tricky. If you work for an Multinational company ( MNC), then they will have some internal process to pick the candidates and then process H1B visa for them…The other option that has been used and abused is the consulting companies route…Many a times, the H1B aspirants approach a body shop IT consulting company to file H1B for them and they apply for the same. It gets nasty with the body shop consulting companies. The comments on this H1B Companies Reviews article are quite eye opening. I advise, you beware of the consulting companies and avoid fraud.
- Also, WE as RedBus2US do NOT provide any guidance or assistance or sponsor anything. If someone claims that, it is pure fraud and they are trying to trick you, we are not responsible for that. Please be careful
We have an article that we wrote for previous season, you may read article How to find H1B 2017 Sponsors to find out various options.
What is H1B Visa 2018 Fee ? How much does it cost for the company ?
The H1B fee varies by the size of the company..As of FY 2017 season, it can range anywhere from $1,600 USD to $7,400 USD + Attorney Fee. On December 23, 2016 , USCIS increased the H1B fee component of base filing fees, which was $325. The below table is updated with the latest fee updates from USCIS. There are various fees components that make up this number range, for more details Read Summary of H1B Filing Fee 2017 – Who pays for What ? . Below is a high level summary from FY 2017 quota. If any changes, we will update this accordingly.
| H1B Fee Component | Fee in USD |
| Base filing fee | $460 |
| AICWA Fee | $750 or $1,500 |
| Fraud prevent & detection fee | $500 |
| Fee based on Public Law 114-113 ( if applicable) | $4000 |
| Premium processing fee (Optional) | $1,225 |
| Immigration Attorney Fee | Varies from $500 to $3000 |
H1B 2018 Lottery Results – Checks Cashed, Receipts :
One of the most asked questions is when will I get to know the lottery result for my petition. Well, this depends on many factors and there is no set SLA or date. To put things in perspective, last year, USCIS did a news alert indicating that they have returned all the rejected H1B petitions on July 8th, 2017. So, you can expect the last date for receiving final lottery decision around mid July 2017. …As we had about same number of petitions filed for FY 2018, it may be slightly earlier or even later in July or even early August 2017… Few of the ways you would know, if you are selected in lottery is that, if the check that was filed with your H1B petition was cashed, or your employer gets the actual physical receipt notice in mail to them. If you filed under US masters quota, SEVIS update is another indication that you were selected in H1B lottery for FY 2018. Ideally, your receipt numbers should arrive within 1 to 2 months…but, you never know, until you get a reject notice to be sure !
H1B 2018 Case Tracker :
Did you apply for FY 2018 ? With premium processing suspended, it is quite hard for applicants to know the general status of everyone to understand their situation. We have put together a tracker along with good graphs for analysis. It is completely anonymous as we do not capture your case number or any personal information. It is community contributed data, the more you add, the better for everyone, including You !
[prompt type=”left” title=”Track your H1B Case” message=” Anonymously Track your H1B Case – Share and Get updated from Community.” button_text=”H1B 2018 Case Tracker” href=”https://redbus2us.com/trackers/h1b-visa-tracker/”]
New President Trump Administration Impact on H1B Visa 2018 Quota?
We do not know, if this news release is directed by Trump administration or not…but, on April 3rd, 2017 the start date of H1B season, there were set of new announcements made by USCIS to report and prevent abuse of H1B program. Check out USCIS New measures to report, prevent H1B Fraud . Besides this, as of the today ( article updated date), nothing has been officially ordered or specifically implemented by New President Trump Administration. There are many speculations on how H1B program will become tougher with higher wages, quota limits, etc… but, nothing has been officially signed. We will update the article as new updates come in.
Various H1B Bills in US House and Senate – Will they be passed for FY 2018 ?
There are few bills that are introduced in 2017 and at various stages in both house and senate. There are many confusions regarding the same bills like the minimum wage will go up to $130,000 USD, etc. Fact is that nothing has passed and there are very slim chances for them to get passed before start of FY 2018 season. You can check H1B Bills Tracker to get more details on current status. We will keep the article updated as new things are passed.
Latest News about H1B 2018 Season
High Level Latest News for FY 2018 is listed below. But, all the Latest News are tracked on our H1B 2018 News and Updates Tracker Page. Check out below.
- April 17th, 2017 ( Official ) : USCIS released a press note indicating that they received 199,000 petitions for FY 2018 quota. Check article : Summary of FY 2018 H1B Cap Lottery 199k Petitions
- April 13th, 2017 ( Unofficial ) : ImmigrationGirl, an attorney’s blog, confirms that one of their H1B petitions Masters’s cap checks were cashed yesterday. It is weird that USCIS is processing the petitions, without announcement. It means that Lottery was done to some extent at least Masters quota, but announcement is yet to come. Check http://immigrationgirl.com/h-1b-lottery-progress-begins/.
- March 15, 2017 : USCIS Accepts H1B 2018 Petitions from April 3, 2017
- March 3, 2017 : USCIS Suspends H1B Premium Processing for FY 2018, All for 6 Months
[prompt type=”left” title=”H1B 2018 – Latest News Updates” message=” Most recent and complete history of all latest breaking news updates from Official sources like USCIS and Unofficial sources for FY 2018 Season.” button_text=”Latest H1B 2018 News” href=”https://redbus2us.com/h1b-visa-2018-cap-count-updates-tracker-latest-news-info/”]
Are you planning for FY 2018 quota ? What are your questions ? Add your thoughts.
Hi all,
Question about 240 day rule. My case for h1b extension was receive in mid June and the status remains “Case was received” since then. (LIN nebraska center)
My current status is about to get expired. I am wondering if 240 day rule will automatically apply or do I or my employer need to do anything about it?
Thanks!
Hi!
My STEM OPT extension expires 10/8 and I’m still waiting for the decision regarding my H1B. My petition was selected in the lottery in April and was then transferred to a different office in May. I haven’t received any update since. If 10/8 comes along and I still don’t have the decision, am I automatically allowed to work during that gap period or do I have to stop working while waiting for the decision? If the latter, how long am I allowed to stay here and wait (I’m currently working for the company in the US). Thank you!
Beyond 10/8 you may be legally authorized to stay in US but may not be authorized to work. Please verify this with Attorney and then take a decision.
https://www.uscis.gov/i-9-central/complete-correct-form-i-9/who-needs-form-i-9/temporary-nonimmigrant-workers
This might help u I hope.
Hi Ram,
Its great what your doing for the community here! big shout out to all your responses & help.
The wait has been really killing me, I have been waiting since April after the case got picked! No news, no RFE or anything! Can I expect an approval news before OCT-1 or it might go beyond that point?
Same here…I have been waiting for some news…but I didn’t got any mail…
Can any suggest on this…
Is my case rejected…I am new to h1b understandings…
kb, Did you get your receipt number? Are you tracking it in USCIS site?
gg, unfortunately we have no option but to wait. It can go beyond Oct 1.
Hi Guys, I am selected by lottery but status is still ‘Case was received’ and The lawyer still waits for approval notice. I am a software developer with wage level 2. Do you think that I can get approval before October 1? My wife has to resign 1 month before we move to US. The situation is already sucks for us.
Chances are very high to get approval for your case.All the best
Thanks Sam, your words make me better in this ambiguous situation.
I was recently approved for wage level 2 for programmer without a RFE. So, your chances are pretty good.
Hi,
I received the 2nd RFP.
1st RFP is related to Education credentials and Client letter.
Still waiting for details for 2nd RFP from my employer. do you know chances of approval after 2nd RFP? I am wages Level 1, Regular non-adv degree.
Yup you do hope for the best . Can you share your timelines when you got first and how you replied and when it was processed . Many people in the forum will get an rough idea on how the processing is happening. All the best . Thanks
Don’t know the difference between RFE and RFP? Once can be a typo – Twice definitely isn’t.
It all depends on the response you send for the RFE. Please co -ordinate with your Employer/Attorney, prepare the best response possible. I am sure you can get your approval. Good luck!
Hello Ram,
I’m currently on L1 visa which is expiring next month. I have a new H1 approved petition. I will be going to India for H1B stamping next month.
I entered the wrong Date of birth of my mother in my DS 160 of my previous visa stamping for L1. It got approved with no issues. Can I Correct the DOB now? How will it affect in future when I will be applying my parents VISA or my Green Card.
My mom doesn’t have a passport yet.
Appreciate your response & thanks for looking into it.
Please check with your attorney. He/she can better answer this one.
Hi All,
2 separate companies applied for my H1b visa this year and I got selected in the lottery in both. I got the receipt in May , however since that time both the lawyers have not got any updates at all, not even RFE’s . I am currently working on a Cap Exempt H1b and I resigned from my current job, anticipating that either one will be approved and I will start work in the new company as the old h1b will automatically become invalid after Oct 1st. I still have not heard from anything from them, and my job is going to end in Sep.
Are there any more applicants who haven’t got the approvals yet? Do you think that by the end of this month USCIS would send some kind of communication to the Lawyers and any idea if premium processing will start again from Oct .
Any thoughts would be appreciated.
Yes mine 2 selected got RFEs recently. on on Level 1 wage & other RFE Deatails yet to arrive( It is Level 3 wage )
Chances are more to spill over beyond Sep as already 40% of selected are in RFEs ( Extreme wetting )
Premium – No idea.
yup, there are many applicants awaiting approval. There is a possibility of processing going beyond October 1.
Initially USCIS told that they are suspending Premium processing for 6 months. So let’s hope that they bring it back in October. Again no official word regarding this till now. All the best for your approval!
Hi all,
First of all thanks for the continuous updates. I just came to know about a certain rule which I request some clarity on. Appreciate it.
I believe you can spend 6 years at max ( combination of L1B-H1B). Here is my situation-
I was on an L1-B for a period of 3 years and filed for an extension which did not come through. The extension was denied in Feb – so I got back to India. Applied for an H1-B in April which has been picked in the lottery( No further decision yet) – Now incase an approval comes through say in the next 1-2 months and I travel to the US – can I only continue to stay on for another 3 years only ?
If I wait to travel till Feb ( making my stay in India for a year) – would that then allow me to stay on the H1-B for 6 years.
Thanks
Yes, you can stay upto 6 years on your new H1 if you complete 1 full year here as Out of USA after your L1B stay.
@L1B-H1BSituation, What I have learned from various forums is if you want to fully use 6 years of H1 after L1 or vice versa, one has to apply one year later.
Example, if your L1 is ended in Feb 2017 and you have left the country. But you have applied in April 2017 for H1 and that is picked and approved. In that case even if you come back in 2018 Feb onwards you are not allowed to use 6 years of H1.
However if you have applied in April 2018 and approved then you are eligible for 6 years. i.e, not only physically staying away of 1 year out side the country, one has to apply atleast 1 year later.
Also, i would encourage you to check with your attorney for more clear understanding. Good luck and all the very best.
Thank you for responding. I will probably have to check with the lawyers to get complete clarity
Hi Ram & others. First of all , I request you not to judge me and if possible help me out with this. So , I had 2 h1b applications picked from 2 different companies. One of them received an rfe status online and the other got approved 5 days later. Even though I haven’t been contacted by the attorney yet about the rfe I know what it most likely is about and the application will most likely get declined. Now my question is that can I go to my home country for stamping with the approved H1B and return while the other one still has an rfe on it or will it create a problem at immigration or during stamping? I was avoiding asking the other company to withdraw the app to avoid paying a penalty and since it will get declined on its own and I wont have to pay penalty, but if that is required please let me know. I dont want to take any chances. Thanks
Why would you have to pay penalty for withdrawn application? For H1b visa, there is no need for the beneficiary to pay any amount at any point of time. There is no law/rule states that penalty is paid for withdrawn application. Better to request your other petitioner to withdraw the petition when you know its going to be denied.
You are all set to go for other Visa’s interview. Good luck!
It will not cause any problem. But it is better to inform the second company that your not interested to joining there company before stamping. In case (very unlikely that happen) the VO asks (they may not) then you can show the email communication.
My suggestion is just prepare well and keep/gather all the relevant documentations for the VISA interview for the company you have got the approval. Good luck and all the very best for your stamping.
Let me guess you are working for a body shop consultancy? I hope they reject both applications
Hi Ram,
My h1b is approved for 2018 and my stamping is done. Now for the same client I have to change my location. Can I file amendment now and with just receipt notice of amendment can I travel to new location? or do I need to wait till amendment approval to travel to new location?
Currently I am in india
Also when can we expect to resume premium processing
Thanks
Since your H1B is approved this year, the start date would be 01 Oct 2017. I am not sure whether amendment of such petitions would be accepted before start date. Kindly talk to your Attorney reg this. Once filed,you can travel with receipt number of amendment petition.
Hope USCIS would bring back premium processing by October. There is no official work regarding this.
Typo: Official word regarding this.
My H1B file has been picked FY18. It went for RFE. How long I can wait for getting any response whether it’s approved or not.?
Do I need to again initiate fresh file for next year if RFe got rejected ?
You would have max of 90 days to respond to RFE. Once RFE is responded, USCIS may take 3 weeks to 60 days to provide their decision.
As majority of RFEs would be responded by the same time frame, USCIS may take longer time to provide the decision. Good luck!
@Utpal, Ram is correct. Most cases you know the decision within 60 days of RFE replied/responded. Very rare cases it might go more than that time period.
In case your RFE is rejected then you will get a decision notice of MOD (motion to denial) which contains the reasons of why they are not accepting your REE response and why they are denying your applications. In that time you can request to reopen MOD within 30 days. some cases you may get positive response if your argument is acceptable in second time. But the success rate is less at this stage.
So, for next year you may file fresh petition and that will go through lottery if the number of application exceeds more than 85K. Good luck and all the very best for your RFE application get approved.
Hi Ram, My H1 got stamped in Dec2016 for ABC client and getting expired on 30 Sep 2017. I didn’t travelled yet as there was no opportunity. Now my company got opportunity for me and filed renewal for my H1B with XYZ client. What would be the time require to approve my cap exmpted case? Is there any chance to resume premium processing sometime in Sep or oct? Thanx, Rajesh
Hi Ram & others, Can you please comment on my query
As of 09/04/2017 There is no word on premium processing. It would take 4-6 months for approval in normal processing.
But once Premium processing is started again, you can upgrade the pending case to premium processing.
My H1 is approved and valid from Oct1st, 2017 with COS from L1 to H1.
Employer 1 has applied for H4 in Aug, 17 and currently under process with USCIS, and still under process.
On Oct 2nd, is it possible to transfer my H1 to 2nd employer while H4 is under process with employer 1 or do I need wait until H4 approval for initiating my H1 transfer,
Ram : your advice Pls.
Hi Ram,
Need ur advise immediately, got Rfe min wage, I have 4yrs of experience, currently in opt my employer made a mistake instead of level 2 he applied for lvl#1 systems analyst wage 52k TX state. Wat should I do now, is there any chances?
Level 1 wage related RFEs have become rampant. Your employer and attorney will coordinate and work it out. You can’t do anything at this juncture.
At the max, you can provide documentation related to your job duties or of similar positions in the industry
Many desi consultancies usually commit this mistake. Keep following up with your employer intermittently
I also work in Texas, but filed under Level 2. I received an RFE on speciality occupation and already responded
Please clarify the possibility from RFE to approved ?
Depends on the response submitted for the RFE. If the response satisfies the officer, approval would be given.
Hi Ram,
I got RFE on 15Jul 2017 for valid SOW since the sow shared while filing was valid till May17.Since the client for which my h1b was applied by my organisation has unfortunately ended the contract with my org in jun17,my org has responded on rfe stating the same and explained the situation.Since we can’t change LCA/client before petition approval,my org was left with no other option.
Looking at your experience,what do you feel the response would by from USCIS on my rfe response ? Please suggest.
In the letter submitted by the company, have they stated that the SOW would be renewed or something along those lines?
If not, there is a chance that USCIS would think the petitioning position is no longer available.
Since contract with client is over,my org did not mention about renewal of sow.in this case,can USCIS raise 2nd RFE to submit new LCA and valid sow ?We could not do this since replying with new LCA on rfe was not recommended.
Am waiting for approval I hve masters from India and 4 yrs of experience. Have filed on lv2 wage will this be a problem fingers crossed
Hope there wont be. Ensure that you have all the required documents. Do share your stamping experience once done. Good luck!
GOT RFE today !! not sure about the reason will update once i know .
That’s unfortunate!
Hi,
My wife and I are going for H-1B Stamping in India this month. My wife got her H-1B visa approved last year and she has been working on H-1B in the same company from past 1 year in a product based company. Her base salary was 95k last year and her H-1B was filed as wage level 1. Now her base salary is above 100k. Do you think she will face any issue in India during H-1B stamping?
Thank you!
Pawan, is this the first time your wife is appearing for stamping? There can be tighter scrutiny. Please talk to your Attorney and be prepared for all types of questions/documentations.
So far I have not heard of any kind of problems for stamping with respect to salary. But better to be prepared for all questions. Good luck! Please do post the stamping experience and if you have any more questions.
Yes, This is the first time she is appearing for H-1B stamping. She went for L2 stamping with me 3 years back. Thank you.
Hi Ram,
My H1B case is in RFE currently. I am still waiting for approval. I need following information from you:
1. Can I transfer H1 from one employer to another immediately once it is approved?
2. I already have approved I-140. Can I apply for H4 and H4 EAD for my spouse while my H 1 is in transfer stage?
Your help will be much appreciated.
Hi Ram,
My H1B case is in RFE currently. I am still waiting for approval. I need following information from you:
1. Can I transfer H1 from one employer to another immediately once it is approved?
2. Can I apply for H4 and H4 EAD for my spouse while my H 1 is in transfer stage?
Your help will be much appreciated.
1. Lets say if the RFE is approved before October 1 then you can simply transfer without pay slip. However if the RFE cleared later than Oct 1st then you may (not sure) need 3 payslips.
But your new employer and their attorney may guide/help you more on this.
2. My understanding of H4 EAD eligibility is the spouse should have GC initiated and also i-140 approved. So, I dont thing you can apply for H4 EAD but H4 can be applied immediately.
Good luck and all the best for your RFE approval.
I already have my I-140 approved.
Now suppose my H1 is in transfer stage from one employer to another, can I apply for H4 and H4 EAD for my spouse?
@OM, I guess H4 EAD is tied with H1. Since your H1 is in RFE and not yet approved, it is not possible to apply H4 EAD. I may be wrong. Check with your employer/attorney for clear understanding of the situation. Good and all the very best for your RFE approval and H4 EAD approval.
Hi Ram,
I have L1B Visa with ABC company valid till Mar 2019. I have got selected in H1B lottery this year for XYZ comany and waiting for approval. My ABC company is planning to send me on L1B till Mar 2019. Should i continue my H1B process and use it for later or i have to withdraw my H1B petition?
Ram, Please suggest me what is the best decision should I take now.
Best case scenario is, wait for the H1 approval. Once approved then inform the XYZ company to withdraw. But make sure that they withdraw it after October 1st.
In that case you can still use the approved H1 for future use with ABC or XYZ or any other company and your H1 will be cap exempt.
You can process H1B visa and use it later too. There is no harm in having both L1B and H1B visa. But at one time, you can use only one visa. Total years on H1B is 6 years which includes years spent on L1.
In terms of deadline of process of Visa: For L1B, the time is taken only to get your interview slot but in case of H1B we are not sure when approval would be given.
If you feel you may never use H1B visa, you can request the company to withdraw it.
If you are on L1B, you can work only for your company but in case of H1B switching employers are possible and if you have plans for Greencard, H1B visa route is more preferable than L1B.
Depending on your desire and need, I would request you to choose the best. Good luck!
Hi Ram,
My H1b was applied in consular processing and approved now although the status still shows as received. I am here on H4 now. What do you think of the time frame to get the change of status approved if we apply now? Would you rather suggest I go for stamping and come back on H1?
Change of status can be filed in normal processing only. It would take 4-6 months for approval. If you have to get stamping, it can happen load quicker provided your stamping goes successfully. So depending on your assignment and employer needs, kindly discuss with your company and decide on what to do.
Of course getting stamping is loads quicker way but few employers don’t prefer it. As now a days, loads of 221g are being issued and administrative processing of Visa takes longer time(Varies for different cases). Better talk to your company and decide on what to do. Good luck!
Thanks Ram for your quick response and appreciate your patience in answering all the queries. you are awesome!
My H1B got RFE on wage level1, now my employer is telling that its 50/50 chance to get approval, is there a wa y to get my H1B approved ?
Suggestions would be helpful.
I am in the same situation, Ram can you please help us here…
Responding to this RFE is highly case specific. Depending on your job title & duties response to these RFEs varies. Your attorney has to provide documentation to prove that your job is a specialized one and is eligible for H1B. They will have to strike a balance between the wage and specialty occupation.
You may also try to get the profiles of other workers with similar job profile and salary in your same area of employment and tell that this is the Industrial standard.
Before that look into DOL’s Occupational Outlook handbook and check whether the occupation listed qualifies as speciality occupation and also the prevailing salary. If yes, then I am sure you can easily clear the RFE based on this info. If not, then we will have to contemplate ways to prove that your job is not an entry level job.
I would recommend you to read this for more insight
http://blog.cyrusmehta.com/2017/07/h-1b-entry-level-wage-blues.html
http://immigrationgirl.com/why-is-uscis-issuing-rfes-when-the-lca-indicates-a-level-1-prevailing-wage/
KIndly work closely with your company to respond to this RFE and if you have any specific questions, do post it here. We can discuss further. Good luck guys! Prepare your response well! Approval depends only on your response.
Hi Ram,
My H1B has been approved and stamped. There’s a possibility that I might have to change my business unit at the same company, at the same work location, same salary, same title, same work and 90% same job description. The only thing that I might need to change would be the business unit and my manager. Do I need to file for any amendments?
Thanks,
J
https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision
Hope this would be useful for you!
Thank you so much. Answers my question!
Hi,
How much time will it take for amendment to get approved. Which one is the better option to go for stamping after amendment or vice versa.
Right now, Amendment might take 4-6 months to get approved. It depends on your need, if you need to travel immediately by your petition start date, go for stamping and then file amendment. You can work with the receipt number of amendment petition. Else if your project start date is much later, then you can file amendment and once approved you can go for stamping. Generally, The first way is the most preferred way.
Hi Ram,
Please suggest me on the following.
My H1B(2017-18) case is approved in June. Now i had a fight with my manager regarding concerns i have been requesting since long. He is behaving like an egoistic and i would like resign my job. My question is can i transfer my H1B now to another company under cap exempt?
I don’t want to step back on my decision now, after all my self respect is important than anything else. 🙂
Lalith, I understand your state. Was your H1B applied in FY2018? If so, you can initiate transfer of Visa under cap exempt after October 1, 2017. If you have the Approval notice, it would be much easier to initiate transfer. Just ensure that your company doesn’t withdraw the petition before October 1. If they withdraw before October 1, you will no longer be cap exempt. You may have to undergo lottery(if exists) again next year:(
Thank you Ram.
Yes it was applied in FY2018 and i have approval notice. So i think i wait for some more days and go with my plan. I love my organisation but dont understand why some managers behave sadistic and spoil the good culture though they get nothing out of this.
Hi Ram,
Sorry for asking you another question.
Is it better holding an approval notice(not going for stamping) or stamped visa if i want to trasfer my H1B to another company?
Hi Ram,
Sorry for asking you another question.
Is it better holding an approval notice(not going for stamping) or stamped visa if i want to trasfer my H1B to another company?
This is what happened to my friend:
1) In April 2017 her employer, company A, submitted her H1B petition to the USCIS.
2) In May 2017 she was picked in the lottery and a receipt number was given.
3) In the end of July, company A moved to another country and laid off everyone of her department. They said that they won’t withdraw the application on their own. They added that if there is an RFE then won’t reply or if the petition is approved then they’ll have a legal obligation to inform the USCIS that my friend was no longer an employee there.
4) Today, her online status changed saying her petition is approved. We do not know if company A’s lawyers have received any mail or if they are tracking the online status.
QUESTION: She is looking for a job on her OPT(which expires in Dec 2017). What can she do? If she gets a new job, is it possible to transfer the H1b before Oct 1? Can she ask the lawyers to send the approval notice? Is the approval notice required for H1b transfer or is just the receipt number sufficient?
Any suggestion/help would be appreciated. Thanks.
She can request the lawyers to send the approval notice. If not it is also possible to transfer using her receipt number and online status showing approved.
Transferring visa(FY2018 approvals) before October 1 is bit risky right now. Few gets approved and many gets rejected. If she wants to try, she can go ahead and try but there is a high probability of denial. If she can request her previous employer and initiate transfer after October 1, its much safer. Good luck!
Yeah, I think she is going to wait till Oct 1. We’ll see what happens and update here.
Thanks for the advice, Ram.
Hi Ram,
My petition was selected in lottery this year and approved.i am in cap gap curently.
The project I was working in is being sold to a new company starting from sept 1st. The new company is applying for new amendment by sept mid.
Is it ok to apply for amendment before oct 1st?
or shud we wait till oct 1st to apply?
Thanks
I would request you to talk to your immigration Attorney and take a decision on this.
Hi Ram,
My h1b got approved on July 29 th. Got approval notice on aug 15th. .. next is schedule stamping right? Is it need I-129 original and if need how long does take to receive from USCIS ?
You need your original approval notice(I797) only. Form I129 copy is enough. The originals are retained by USCIS.
Yes please fill DS 160 and schedule your stamping appointment.
*I thought I posted this comment last night, but can’t find it, I apologize if duplicate.
Hi Ram,
[Non-AD, Non-IT, Wage Level 1, WAC, COS, currently on OPT]
I just received my RFE (August 30th) from the attorney, status changed on USCIS website on August 26th.
The RFE was in Evidence Pertaining Beneficiary’s Status saying I departed from the US asking me to provide evidence if not. Unknowingly this would break my status I went to Mexico for 24 hours (not sure if relevant but it was by land and stayed within 10 miles of border). RFE says if petition if approved, my COF will be denied.
What does that mean in practical terms? Can I still get my visa under these circumstances?
Thank you for this forum!
Knowingly or unknowingly you have crossed US border and re entered US. This means your I94 would have changed now. Since its changed your Change Of Status will be nullified and your H1B would be approved as Consular processing. You have to either apply Change of status from F1 to H1B again or get H1B stamping and enter the country on H1B status.
We are reviewing your correspondence, and will mail you a notice if we need something from you.
what does this status mean.
Did you send RFE response to USCIS? If yes, they are reviewing your response and will get back to you if they need anything more.
Hi Ram,
My petition was picked in the lottery this year and I have received my approval notice but didn’t go for visa stamping yet.
I need to change my work location. What are all the options and documents required to change the work location before going for visa stamping?
Employer and client remain same.
Your employer needs to file an amendment for change in work location.
You must file an amended H-1B petition if the H-1B employee changed or is going to change his or her place of employment to a worksite location outside of the metropolitan statistical area (MSA) or an “area of intended employment” covered by the existing approved H-1B petition, even if a new LCA is already certified and posted at the new location.
Its better to go for stamping after the amendment is approved. Else, you can get stamping with current location and later file amendment.
Once you file the amended petition, the H-1B employee can immediately begin to work at the new location. You do not have to wait for a final decision on the amended petition for the H-1B employee to start work at the new location.
Currently an amendment can take max of 6 months to get approved.
Thank you Ram.
Suppose if I get stamping with the current location, is it advisable to file amendment before or after traveling to US?
Whether I will be able to travel to US with amendment in process?
The amendment can be filed before or after travel. Depends on when is your actual assignment starting and when are you planning to start. Please discuss with your employer reg this. You can travel into the country when amendment is in progress.
I have got my H1B application picked in the lottery. Approval is not yet completed.
If dependent (wife) is already working in India (IT field), can she work in US on H4? Please let me know if it is possible for dependent(wife) to work in US on H4 visa.
Thanks!
She is also in IT?? THats awesome!!
In that case she obviously can work too! She just need to come to company names Akvelon and they find work for her. H4 is fine for them and obviously she can work too!
As Ram said, dependent is not authorized to work without I140 approved right?
you are wrong. any H4 can work anywhere. this is hidden feature, not everyone knows it. believe me. even not every employers know about that!
If employer could initiate Green card for you and get your I140 approved, then she can get her EAD, after which she can work. Initially with you on H1B without I140 approved, H4 holders are not authorized to work.
If employer initiates green card processing then how long does it take to get I140 approved? Please clarify me.
To get I140 approved and getting H4 EAD might take nearly 2 years of time. The time period highly depends on how fast your employer initiates the Green card and under which category.
Green card process is a multi step process, you have to clear each step to go to other.
To get to know the Green card process in detail, please check this
https://www.immihelp.com/greencard/employmentbasedimmigration/
Thanks, Ram.
In short, She cant able to work right away. It would take at least year or two get H4 EAD assuming if your employer filing green card in Y2017. Also, we are not sure about the present US govt position on H4 EAD going forward. Alterantively, she can try H1B of her own next year and if she get picked in the lottery then she can work from Oct 2018.
I am in US and have h1b approved and visa stamped , valid till july 2019.
now i have H1 amendment in process (change of location, same client) and status is “case received” since May 12, 2017
I want to travel to India urgently
Questions:
1. Any issues while travelling back with h1 amendment in process ?
2. Any issues while travelling back, if i get RFE/denial on h1 amendment ?
3. When to expect any action on my case from uscis, i see other petitions(sequentially front/back of my petition no.) being approved ?
1. Most of the time it is smooth but it all depends on officer. Please carry all the required documents including the amendment receipt copy.
2. I don’t think so but not sure whether you are permitted by law to work in new location. Please check with Attorney once.
3. No deadlines for cases in normal processing.
Ram, what if amendment is filed and visa is not stamped. Does it causes issue for stamping?
The H1B visa “stamp” in the passport is valid through to its expiration. So, no, it is not necessary to reapply for a visa stamp after an H1B amendment.
Just a quick question. If you are in the US filing for a COS from F1 to H1B and lets say it gets approved, do you get the new I-94 in the mail with the approval notice, or can you go online to print it out from the DHS website as soon as you know about the approval?
The new I94 comes as a part of the Approval notice.
Hi , I am currently working in Company A on L1 , my VISA is till Sep-30-2017 and L1 extension is in progress . Today I saw my H1B(fresh petition) with company B is approved .
1- Can I join companyB after serving 2 months notice with company A or I have to join companyB on 1st Oct?
2- What would happen if L1 extn. is approved after I join Company A on H1B .
Is your H1B approved as COS? If yes, you will have to join Company B from Oct 1.
If your H1B is approved as CP, then you can start working with Company B only after approved COS from L1 to H1B or get the H1B stamping and re enter US on H1B.
2. Since your H1B is approved, it is better to withdraw the extension petition of L1.
Thank you Ram . I appreciate your help . Some more questions .
Is there a way I can know if H1B is filed as COS or CP ?
Is it possible to apply for an H1B amendment to change the start date to Jan 2018 instead of Oct 1st ?
Finally if L1B extn approval comes before withdrawal , will I still be able to work on H1B ?
1. Check with the Attorney who filed H1B for you. Other way is in the type of H1B approval notice you got. If you received I797A-then H1B is mostly filed in COS else it would be I797B for CP.
2. No way to change the Petition start date.
3. Your H1B would be still Valid. Please talk to your Attorney once.
Last 40 days post which all or us remaining frustrated souls can start calling USCIS through our attorneys to check on the service status… It’s so damn irritating. It’s never been this slow in history.
H1B is not our birth right brother,it’s only a chance.No demanding rights for aliens.Stay cool keep loving your mother land,you will get that when they process your case
Hello,
My status has not been changed since April 20th, 2017. It is ‘Case was received’. My OPT Cap Gap expires on Sept 30, 2017. If I don’t get any decision by Sept 30th, what are my options? Can I still work? How long can I stay in USA?
Please let me know.
Thanks,
Ani
Legally you can stay in US till you get a decision on your case. But I think work Authorization is only till Sep 30th. Please clarify the work Authorization part with your company’s Attorney.
I am in a similar situation, my TN visa expires Oct 16th and my I-94 is valid until Oct 26th. Is it legal to stay in US until receive notification of approval/disapproval of H1? My case was picked and same thing , it says it was received since April 11th, attorney sent me the receipt of the check.
Does TN visa have any grace period ? If so I think you can use it and stay here. Please check with your Attorney once.
Case transferred to another office was the last update on the USCIS website on 12 May 2017 after that there has not been any update and my attorney has not heard anything else as well. Anyone else in same boat?
I have heard that you can do Premium Processing.
Is this for all or just Non-profit organization ?
As of 08/30/17, Premium processing has been opened only for Physicians under the Conrad 30 Waiver Program and for non profit organizations.
Thank You,I have done exactly that
At this point you can do PP for non-profit org only.
My petitioner’s Name is ABC solutions (just an example),But in the RFE receipt we received it states that the petitioner’s name is ACB solutions.But all the documents sent by the attorney clearly states the petitioner’s name as ABC solutions…..Now to my question,Is this something that happens normally??,If so what should I do
This could be a typo error. Please ask your Attorney to call USCIS customer care and check once.
Hi,
I have received an RFE on Specialty Occupation and they have asked to justify the roles and responsibilities as per the US Job title submitted. I will create a response for the same but should i worried or this is a common RFE and can get an approval ?
Thanks
H1B Visa is issued for specialty occupation. Proof of it is required for approval of visa. This is one of the common RFE issued. So prepare your response well. Good luck! You can clear this if your response convinces the VO.
Thank you so much Ram
I got my H-1B approval yesterday till August 2020. I’m going to India in October for H-1B stamping. My passport is valid only till Feb, 2019. For how long will I get stamping on my passport?
Visa stamping is given for the same period mentioned in Approval notice. So you would get it till August 2020 but I94 (When entering on H1B) may or may not be till August 2020.
Thanks Raman. If in case date in I-94 is Feb 2019 (based on passport expiry) then I’ve to go out of USA and come back with new and old passport to get new I-94?
yes exactly.
Non-AD/ 15 Years’ Experience/Pharmaceutical Industry/H1B-First Attempt/Wage level-3/ Current Visa Status-J-2
April 3, 2017: Application submitted at VT center
April 24, 2017: I-797C Notice Date- Lottery Selected
April 28, 2017: I-797C Notice copy Received.
May 19, 2017: @ 9.30 am status was updated as “Case Transferred To Another Office” and notice has been sent
May 19, 2017: @ 11.00 am status updated at “Case Transferred To your Local Office” and notice has been sent ( USCIS, Atlanta, GA Office does not process H1B, so it was confusing for me)
May 19, 2017: @ 3.00 pm status was updated as “Case Transferred To Another Office” and notice has been sent
May 31, 2017 : I-797 Transfer notice Received
August 22, 2017: Status updated as “ RFE”. RFE has been mailed.
I haven’t seen status in past 10 days and today when I checked status it is RFE. Immediately I checked with my Attorney as well as with company HR, if RFE has been received but no luck.
Waiting to receive copy of RFE to know what exactly being asked in the RFE by USCIS .
Too many transfers….!Hope you would clear your RFE soon. Good luck!
Hi Ram,
I am working in USA with F1 OPT and it has validity til May 2019. My H-1B got selected in lottery, still waiting for approval. Can I travel now and what precautions I can take. I need to travel for sure for the marriage and I will return in October. Can I come and work as I have my OPT.
I think you H1B might be filed in COS. Its better not to travel but if its unavoidable reason, just go ahead with your travel plans. Only your COS will be nullified. Once you are back you can apply COS again after your H1B is approved.
When F-1 students with OPT return to the United States, they are inspected by CBP officers at POEs. As with any immigration category, having the right documents is vital, but documents alone do not assure that one will be admitted to the U.S. The CBP officers can ask questions to determine whether the individual is really eligible to enter the U.S. in the requested category.
CBP officers may choose to ask students on OPT questions about their OPT employment. It is important that students explain clearly and simply how the OPT employment is directly related to their F-1 fields of study. It may not be enough to verbally explain this to CBP, as CBP officers are generally not experts in each academic discipline and occupation.
In addition to the employment authorization card (EAD), such students should carry their most recent I-20 forms, showing the recommendation for OPT, the name of the employer, and the Classification of Instructional Programs (CIP) code for the primary majors of each student’s last degree program.
The USCIS also suggests students obtain letters signed by their supervisors and describing how the work is directly related to the most recent degree program.
I would also recommend you to talk to your company’s Attorney to prepare well for your travel and re entry. Good luck!
Hi Ram,
EB3 I140 revoked. In India since 2013, got picked up in 2016 lottery and got RFE ,but employer could not provide client letter, so he withdrew the application in Jan 2017. My application was not denied, application was just withdrawn without responding to RFE.
1. Can my employer find a client now and reinstate 2016 H1B application? I have a B1/B2 visa and my employer is calling me for client interviews in US, hence this question
2. Am I H1B cap exempt?
What are my options now? Please reply
Since your H1B application was not approved at all, you are NOT cap exempt. Same application cant be reopened unfortunately. You will have to reapply in cap subject category.
I would recommend you to check with an immigration Attorney too once.
Thanks !
One more question: Can I-140 revoked in 2012 be reinstated? I mean can I go back to my old employer and if he applies for H1-B will I then be H1B cap exempt?
Please Reply.
Regards
Anupam
Is it revoked or withdrawn? If its revoked by USCIS, you will never be able to use it again.
Hi Ram,
I changed my employer so my old one withdrew approved EB3 I-140 . I believe that’s how this happens and then USCIS revoked it.
The same employer had also filed my EB2 labor and EB2 I140 was also approved but never shared the ETA# with me, is it possible that my EB2 is not withdrawn by this employer and it can still be used / reinstated?
Please reply
Hi ,
Master’s Advanced degree category. I got an RFE. My employer has filed my H1b for programmer analyst level 1 with a salary of $70000. Should I be woried?
Depends on the RFE issued. Do you know the RFE reason? If its too complex to handle, we should be worried. Else I don’t think you should be worried. You will be able to handle it. Good luck!
Thanks Ram for your employer. My employer has 700 US employees. He is not sharing the reason for RFE. He is saying if we need something from you. Will let you know.
Ya some major companies do that. In that case, I would ask you to trust your company and their Attorney.
Why there is no approval from EAC?? I think EAC is updating only RFEs in their system and not Approvals as we have seen many cases where attorney gets approved notice but system shows “Case received”, May be to just show false picture. Thoughts?
My case is EAC with “Case Received” and no other updates. Not sure what is happening.
I think EAC is not updating the approval status online. As I see loads of people getting approval notice without any update online. Don’t worry, probably your approval notice in on the way. Good luck!
Am on l1a visa expires on jan 2018 from emp A.i applied h1b through emp B (with change of status) which is in RFE.if RFE gets delayed after october,can i work in L1a visa after october??
Yes of course. You need to be worried only if your H1B is not approved till Jan 2018. Good luck!
I am curious, Why did you want to switch from L1A to H1B? Don’t you think L1A is more hassle free than H1B?
Yeah, i understand. My current employer is not ready to initiate green card process, so i wanted to take different route. By the time when i start working for employer B, i would have completed 5 years approx. Am i still good to initiate green card process by then with employer B?
Yes… I’m in same situation.. there Indian companies are filled with A**hol** … They treat employees as slaves. Despite so many years of loyalty, they don’t file for GC despite seniority which is evident by the fact that we got L1A approved. I’m taking the same path as you. But the way, your new employer can definitely file for GC … Please start the PERM process as soon as you start working since you would’ve already completed 5 years by then. I’m in my 4th year.
oops, that’s bad. As soon as you get H1B, please start your Green card process. Good luck!
How to get DS 160.?
http://www.ustraveldocs.com/in/in-niv-visaapply.asp
Check this..Good luck..
Hi Team,
Need your suggestion on my case.
My H1B lottery has been selected this year and I am waiting for the approval. With gods blessing I am expecting baby in April 2018. My Employer told that if everything goes positive then I shall able to travel on Jan 2018 which means my wife would be 5 Month Pregnant at time of the travel. Wants to know that what is chance that US goverment allow me to travel with my pregant wife. Delivery in US is very costly?
Experts advice are welcome , who has faced such situation or know how to deal with this situation.
Regards,
Nilesh
@Nilesh – yes, there is no law that says you can’t come to the US while pregnant. Though after a certain time, airlines may not allow your wife to fly.
If you don’t have proper insurance, the hospital cost can be quite high. A basic delivery may cost as much as $40,000 USD, assuming no insurance. If something were to happen and surgery be needed, it can easily balloon to well over $100,000.
If your employer provides insurance for you, probably count on about $13,000 (depending on insurance) before you hit your deductible/max out of pocket and other non-covered expenses.
Thanks this is helpful..
Nilesh,
Per my limited knowledge , there is no law banning travel of pregnant women to the United States. You would need to call the airlines to confirm the latter part.
If you were to travel to the US, you are supposed to be covered under medical insurance (mostly employer driven). Costs would vary per medical insurance coverage. Providing you any estimates would not be a sound decision.
My 2 cents: Focus on your wife’s health for now. Nothing is as important as that.
Yes nothing is imp than health.. thanks for response
Definitely there is no law which says your wife cant travel. All now you have to look for is her health and doctor’s opinion. Please consult with doctor and airlines, then you can decide on travel and of course as others said medical insurance is important once you land in USA. If your employer/yourself can get good medical insurance coverage, you can definitely plan for your travel. Congrats on your Visa and parenthood! Enjoy this period of life.
One more point to be added, If you are planning to have baby in US, do you need some assistance from your parents? If so you will have to plan for visa sponsorship and travel for them.
Yes Ram ,, luckily I belong to well doing family so initial arrangement should not be a problem till insurance is being taken care of.. will have to plan much .. and I was in dilemma as such I can’t miss this phase and don’t want to miss H1b too.. lets pray everything goes good..
Friend of Nilesh,
Medical costs can bankrupt you in the US(including those for your dependents, parents alike). Think and plan accordingly.